The Customs Act, 1962
104. POWER TO ARREST. –
1 (1) If an officer of customs empowered in this behalf by general or special order of the Commissioner of Customs has reason to believe that any person in India or within the Indian customs waters has been guilty of an offence punishable under section 135, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest.
(2) Every person arrested under sub-section (1) shall, without unnecessary delay, be taken to a magistrate.
(3) Where an officer of customs has arrested any person under sub-section (1), he shall, for the purpose of releasing such person on bail or otherwise, have the same powers and be subject to the same provisions as the officer-in-charge of a police-station has and is subject to under the 142 Code of Criminal Procedure, 1898 (5 of 1898).
(4) Notwithstanding anything contained in the 143 Code of Criminal Procedure, 1898 (5 of 1898)2, an offence under this Act shall not be cognizable.
Comments
Power to investigate and prepare final report is beyond the powers given under section 104 to the Customs Officer to authorise and act under the Customs Act, 1962; Directorate of Enforcement v. Deepak Mahajan, AIR 1994 SC 1775.
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1. Subs. by Act 29 of 2006, sec. 24, for sub-section (1) (w.e.f. 13-7-2006). Sub-section (1), before substitution, stood as under:
“(1) If an officer of customs empowered in this behalf by general or special order of the Commissioner of Customs has reason to believe that any person in India or within the Indian Customs waters has been guilty of an offence punishable under section 135, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest.”.
2. See now the Code of Criminal Procedure, 1973 (2 of 1974).
